Compensatory Damages (OCR A-Level Law): Quizzes
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Practise the questions
10 questions from this quiz
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Practise the questions
10 questions from this quiz
What is the main aim of compensatory damages for breach of contract?
What is the main aim of compensatory damages for breach of contract?
Put claimant in position if contract performed
Which two categories of compensatory damages exist?
Which two categories of compensatory damages exist?
Liquidated and unliquidated damages
When do liquidated damages operate?
When do liquidated damages operate?
Parties pre-agree sum in contract clause
What makes a pre-agreed damages clause unenforceable as a penalty?
What makes a pre-agreed damages clause unenforceable as a penalty?
It far exceeds genuine pre-estimate of loss
What three tests apply to unliquidated damages claims (CRM)?
What three tests apply to unliquidated damages claims (CRM)?
Causation, Remoteness, Mitigation
What must be established first when claiming unliquidated damages?
What must be established first when claiming unliquidated damages?
Causation: a factual link to the breach
What are the two limbs of the rule in Hadley v Baxendale?
What are the two limbs of the rule in Hadley v Baxendale?
Natural losses & contemplated losses
Why wasn't the carrier liable in Hadley v Baxendale?
Why wasn't the carrier liable in Hadley v Baxendale?
Special circumstances not communicated
What must an injured party do regarding their loss after breach?
What must an injured party do regarding their loss after breach?
Take reasonable steps to mitigate the loss
Who bears the burden of proving failure to mitigate loss?
Who bears the burden of proving failure to mitigate loss?
The defendant must prove failure